HomeMy WebLinkAboutItem 28 - Self-Service Checkout Stations in Drug and Food Retail Establishments 'per City Manager's Office
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Item # 28
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
May 5, 2026
TOPIC: Self-Service Checkout Stations in Drug and Food Retail Establishments
AGENDA TITLE
Ordinance Establishing Staffing and Operational Standards for Self-Service Checkout
Stations in Drug and Food Retail Establishments
RECOMMENDED ACTION
Adopt an ordinance of the City Council establishing staffing and operational standards
for self-service checkout stations in drug and food retail establishments within the City
of Santa Ana.
ORDINANCE NO. NS-XXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA ADDING ARTICLE XXIV TO CHAPTER 8 OF THE SANTA
ANA MUNICIPAL CODE REGULATING THE STAFFING OF SELF- SERVICE
CHECKOUT OPERATIONS
GOVERNMENT CODE §84308 APPLIES: No
DISCUSSION
Self-service checkout systems have become increasingly prevalent in grocery stores
and other retail establishments. While these systems offer convenience, their
widespread use has raised concerns related to retail theft, employee workload, and
access to staffed checkout services.
This item is brought forward at the direction of the City Manager, in consultation with the
Mayor, to address growing concerns related to public safety, employee workload, and
equitable access to staffed checkout services.
In August 2025, the City of Long Beach adopted a first-in-the-nation ordinance
establishing staffing requirements and operational limitations for self-service checkout
stations. More recently, the City of Costa Mesa adopted a similar ordinance and
additional jurisdictions are actively considering comparable measures. These policies
reflect a growing trend among local governments to regulate self-service checkout
Self-Service Checkout Stations in Drug and Food Retail Establishments
May 5, 2026
Page 2
systems as part of broader efforts to enhance public safety and maintain service
accessibility.
The proposed ordinance is designed to address several key issues related to the
operation of self-service checkout systems. Increased employee presence in checkout
areas improves oversight and may deter retail theft, which has been identified as a
growing concern in retail environments. Establishing minimum staffing ratios reduces
the burden on employees tasked with monitoring multiple transactions simultaneously
and helps mitigate workplace conflicts. Maintaining staffed checkout lanes ensures that
all customers, including seniors, individuals with disabilities, and those who require
assistance, have access to traditional service options. Additionally, public notification
requirements and defined enforcement mechanisms promote transparency and
accountability by providing customers and employees with clear expectations and
recourse in the event of noncompliance.
The proposed ordinance provides a balanced and enforceable framework to ensure that
self-service checkout systems operate safely, responsibly, and serve the needs of
Santa Ana residents, workers, and businesses. Adoption of this ordinance will align with
emerging regional standards while preserving flexibility for local implementation.
Staff will conduct outreach to affected businesses to support compliance and minimize
disruption.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
There is no fiscal impact associated with this action.
EXHIBIT(S)
1. Draft Ordinance
Submitted By: Sylvia Vazquez, Deputy City Manager
Approved By: Alvaro Nunez, City Manager
ORDINANCE NO. NS-XXXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA ADDING ARTICLE XXIV TO CHAPTER 8 OF
THE SANTA ANA MUNICIPAL CODE REGULATING THE
STAFFING OF SELF-SERVICE CHECKOUT OPERATIONS
The City Council of the City of Santa Ana hereby finds, determines and declares as
follows:
WHEREAS, the City Council recognizes the need to promote public safety, reduce
retail theft, and maintain safe and orderly shopping and working environments within
grocery and drug retail establishments in Santa Ana; and
WHEREAS, self-service checkout stations have become increasingly common in
retail establishments and, when inadequately staffed or supervised, may contribute to
theft, customer disputes, and unsafe conditions for employees and the public; and
WHEREAS, the City Council finds that appropriate staffing standards for self-
service checkout operations can help reduce retail theft, improve customer service, and
promote safer working and shopping environments; and
WHEREAS, the City Council desires to establish reasonable operational
standards for self-service checkout stations located in grocery and drug retail
establishments within the City of Santa Ana.
THE CITY COUNCIL OF THE CITY OF SANTA ANA HEREBY ORDAINS AS
FOLLOWS:
Section 1. The City hereby adds Article XXIV entitled "Grocery and Drug Store
Staffing Standards for Self-Service Checkout Stations" to Chapter 8 of the Santa Ana
Municipal Code to read as follows:
ARTICLE XXIV. GROCERY AND DRUG STORE STAFFING STANDARDS
FOR SELF-SERVICE CHECKOUT STATIONS
Section 8-3700. Definitions
For the purposes of this article, the following terms have the following meanings:
(a) "City" means the City of Santa Ana.
(b) "Customer" means an individual who buys consumer goods from a Drug Retail
Establishment or Food Retail Establishment.
(c) "Drug Retail Establishment" means a retail store that sells a variety of prescription
and nonprescription medicines and miscellaneous items, including drugs,
Ordinance No. NS-XXX
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pharmaceuticals, sundries, fresh produce, meats, poultry, fish, deli products, dairy
products, canned foods, dry foods, beverages, prepared foods, and other
merchandise.
(d) "Employee" means a worker employed directly by a hiring entity at a Drug Retail
Establishment or Food Retail Establishment. Employee does not include
managers, supervisors or confidential employees.
(e) "Food Retail Establishment" means a retail store that is either: (1) over fifteen
thousand (15,000) square feet in size and sells primarily household foodstuff for
offsite including fresh produce, meats, poultry, fish, deli products, dairy products,
canned foods, dry foods, beverages, baked foods and/or prepared foods (other
household supplies or products are secondary to the primary purpose of food
sales); or (2) over eighty-five thousand (85,000) square feet and with ten percent
(10%) of their sales floor area dedicated to the sale of non-taxable merchandise
including the sale of fresh produce, meats, poultry, fish, deli products, dairy
products, canned foods, dry foods, beverages, baked foods and/or prepared foods.
(f) "Non-Self-Service Checkout station" means a station that is not a Self-Service
Checkout and at which an employee provides human assistance to a customer for
scanning, bagging, and/or accepting payment for the customer's purchases.
(g) "Self-Service Checkout" means the automated processes that enable customers
to scan, bag, and pay for their purchases without human assistance, including, but
not limited to, fixed self-checkout, scan-and-go self-checkout, or mobile self-
checkout.
(h) "Self-Service Checkout station" means a station at a fixed location within a Drug
Retail Establishment or Food Retail Establishment at which a customer can
engage in a Self-Service Checkout for the customer's purchases.
Section 8-3701. Self-Service Checkout requirement.
(a) Drug Retail Establishments and Food Retail Establishments that provide Self-
Service Checkout options shall provide at least one Non-Self-Service Checkout
station staffed by an Employee that is available during the times that a Self-Service
Checkout option is available to customers, and Drug Retail Establishments and
Food Retail Establishments shall establish, implement, and advertise limits to Self-
Service Checkout to purchases of no more than fifteen (15) items.
(b) Drug Retail Establishments and Food Retail Establishments shall have an
established workforce policy that prohibits customers from using a Self-Service
Checkout station to purchase either of the following:
(1) Items that require customers to provide a form of identification, including,
but not limited to, alcohol and tobacco products.
Ordinance No. NS-XXX
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(2) Items subject to special theft-deterrent measures that are affixed to the item,
including, but not limited to, electronic article surveillance, ink, or other tags,
or items placed in locked cabinets, that require the intervention of an
Employee to remove them before purchase.
(c) Drug Retail Establishments and Food Retail Establishments shall notify the public
of this Ordinance by prominently posting signage in a location accessible to
customers, which includes either a link or QR code to the City of Santa Ana website
regarding this Ordinance, a summary of the public's rights under this Ordinance,
and enforcement options available to the public.
(d) Self-Service Checkout stations shall be located to enable observation and
surveillance from both employees of Drug Retail Establishments and Food Retail
Establishments and local law enforcement.
Section 8-3702. Self-Service Checkout staffing requirement.
(a) Drug Retail Establishments and Food Retail Establishments that provide Self-
Service Checkout options shall assign at least one (1) Employee to supervise the
Self-Service Checkout operation at all times that Self-Service Checkout is in
operation during business hours. The assigned Employee shall have no other work
responsibilities that would interfere with their ability to maintain direct visual
inspection and surveillance of the Self-Service Checkout operations.
(b) In the event a Drug Retail Establishment or Food Retail Establishment operates
two (2) or more Self-Service Checkout stations, the Drug Retail Establishment or
Food Retail Establishment shall maintain a staffing ratio of at least one (1)
Employee for every three (3) Self-Service Checkout Stations. The manner in which
this standard is implemented may take into account operational and logistical
feasibility.
Section 8-3703. Enforcement.
(a) Any Customer or Employee of a Drug Retail Establishment or Food Retail
Establishment may bring a private right of action in the Superior Court of the State
of California against a Drug Retail Establishment or Food Retail Establishment for
violating this Chapter and, upon prevailing, may be awarded:
(1) A civil penalty for each violation of this Chapter of one hundred dollars
($100) for each employee of the Drug Retail Establishment or Food Retail
Establishment. Each day the violation is not cured, the penalty shall
increase an additional one hundred dollars ($100) per employee per day up
to a limit of one thousand dollars ($1,000) per employee per day for each
day in which the violation remains uncured.
Ordinance No. NS-XXX
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(2) Attorneys' fees and costs.
Section 8-3704. Retaliatory action prohibited.
No Drug Retail Establishment or Food Retail Establishment shall terminate, reduce
in compensation, or otherwise discriminate against any Employee for seeking to enforce
their rights under this Chapter by any lawful means, for participating in proceedings
related to this Chapter, for opposing any practice proscribed by this Chapter, or for
otherwise asserting rights under this Chapter.
Section 2. If any section, subsection, sentence, clause or phrase or portion of
this ordinance is for any reason held to be invalid or unconstitutional by the decision of
any court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this ordinance. The City Council of the City of Santa Ana hereby
declares that it would have adopted this ordinance and each section, subsection,
sentence, clause or phrase or portion thereof irrespective of the fact that any one or more
section, subsection, sentence, clause or phrase or portions be declared invalid or
unconstitutional.
Section 3. This ordinance shall become effective thirty (30) days after its
adoption.
Section 4 . The City Clerk shall certify the adoption of this ordinance and shall
cause the same to be published as required by law.
ADOPTED this day of 2026.
Valerie Amezcua
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:
Ordinance No. NS-XXX
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AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, JENNIFER L. HALL, City Clerk, do hereby attest to and certify that the attached
Ordinance No. NS-XXX to be the original ordinance adopted by the City Council of the
City of Santa Ana on , and that said ordinance was published in
accordance with the Charter of the City of Santa Ana.
Date:
City Clerk
City of Santa Ana
Ordinance No. NS-XXX
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